ALB20C75 2L6

116TH CONGRESS
2D SESSION

S.L.C.

S. ll

To require reporting of suspicious transmissions in order to assist in criminal
investigations and counterintelligence activities relating to international
terrorism, and for other purposes.

IN THE SENATE OF THE UNITED STATES
llllllllll
Mr. MANCHIN (for himself and Mr. CORNYN) introduced the following bill;
which was read twice and referred to the Committee on
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A BILL
To require reporting of suspicious transmissions in order
to assist in criminal investigations and counterintelligence activities relating to international terrorism, and
for other purposes.
1

Be it enacted by the Senate and House of Representa-

2 tives of the United States of America in Congress assembled,
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4

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘See Something, Say

5 Something Online Act of 2020’’.
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SEC. 2. SENSE OF CONGRESS.

It is the sense of Congress that—

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(1) section 230 of the Communications Act of

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1934 (47 U.S.C. 230) (commonly known as the

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‘‘Communications Decency Act of 1996’’) was never

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intended to provide legal protection for websites or

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interactive computer services that do nothing after

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becoming aware of instances of individuals or groups

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planning, committing, promoting, and facilitating

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terrorism, serious drug offenses, and violent crimes;

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(2) it is not the intent of this Act to remove or

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strip all liability protection from websites or inter-

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active computer services that are proactively working

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to resolve these issues; and

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(3) should websites or interactive service pro-

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viders fail to exercise due care in the implementa-

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tion, filing of the suspicious transmission activity re-

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ports, and reporting of major crimes, Congress in-

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tends to look at removing liability protections under

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the Communications Decency Act of 1996 in its en-

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tirety.

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SEC. 3. DEFINITIONS.

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In this Act:

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25

(1) DEPARTMENT.—The term ‘‘Department’’
means the Department of Justice.
(2) INTERACTIVE

COMPUTER

SERVICE.—The

term ‘‘interactive computer service’’ has the meaning

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given the term in section 230 of the Communica-

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tions Act of 1934 (47 U.S.C. 230).

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(3) KNOWN

SUSPICIOUS TRANSMISSION.—The

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term ‘‘known suspicious transmission’’ is any sus-

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picious transmission that an interactive computer

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service should have reasonably known to have oc-

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curred or have been notified of by a director, officer,

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employ, agent, interactive computer service user, or

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State or Federal law enforcement agency.

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(4) MAJOR

CRIME.—The

term ‘‘major crime’’

means a Federal criminal offense—

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(A) that is a crime of violence (as defined

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in section 16 of title 18, United States Code);

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(B) relating to domestic or international

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terrorism (as those terms are defined in section

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2331 of title 18, United States Code); and

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(C) that is a serious drug offense (as de-

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fined in section 924(e) of title 18, United

19

States Code).

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(5) STAR.—The term ‘‘STAR’’ means a sus-

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picious transmission activity report required to be

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submitted under section 3.

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(6)

SUSPICIOUS

TRANSMISSION.—The

term

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‘‘suspicious transmission’’ means any public or pri-

25

vate post, message, comment, tag, transaction, or

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any other user-generated content or transmission

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that commits, facilitates, incites, promotes, or other-

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wise assists the commission of a major crime.

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SEC. 4. REPORTING OF SUSPICIOUS ACTIVITY.

(a) MANDATORY REPORTING

OF

SUSPICIOUS TRANS-

MISSIONS.—

(1) IN

GENERAL.—If

a provider of an inter-

8

active computer service detects a suspicious trans-

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mission, the interactive computer service, including

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any director, officer, employee, agent, or representa-

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tive of such provider, shall submit to the Depart-

12

ment a STAR describing the suspicious transmission

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in accordance with this section.

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(2) REQUIREMENTS.—

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(A) IN

GENERAL.—Except

as provided in

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subparagraph (C), a STAR required to be sub-

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mitted under paragraph (1) shall be submitted

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not later than 30 days after the date on which

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the interactive computer service—

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(i) initially detects the suspicious
transmission; or
(ii) is alerted to the suspicious trans-

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mission on the platform of such service.

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(B) IMMEDIATE

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NOTIFICATION.—In

the

case of a suspicious transmission that requires

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immediate attention, such as an active sale or

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solicitation of sale of drugs or a threat of ter-

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rorist activity, the provider of an interactive

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computer service shall—

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(i) immediately notify, by telephone,

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an appropriate law enforcement authority;

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and

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(ii) file a STAR in accordance with

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this section.

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(C) DELAY

OF SUBMISSION.—The

30-day

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period described in subparagraph (A) may be

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extended by 30 days if the provider of an inter-

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active computer service provides a valid reason

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to the agency designated or established under

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subsection (b)(2).

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(b) REPORTING PROCESS.—

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(1) IN

GENERAL.—The

Attorney General shall

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establish a process by which a provider of an inter-

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active computer service may submit STARs under

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this section.

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(2) DESIGNATED

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(A) IN

AGENCY.—

GENERAL.—In

carrying out this

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section, the Attorney General shall designate an

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agency within the Department, or, if the Attor-

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ney General determines appropriate, establish a

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new agency within the Department, to which

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STARs should be submitted under subsection

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(a).

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(B) CONSUMER

REPORTING.—The

agency

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designated or established under subparagraph

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(A) shall establish a centralized online resource,

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which may be used by individual members of

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the public to report suspicious activity related

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to major crimes for investigation by the appro-

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priate law enforcement or regulatory agency.
(C) COOPERATION

WITH INDUSTRY.—The

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agency designated or established under sub-

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paragraph (A)—

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(i) may conduct training for enforce-

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ment agencies and for providers of inter-

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active computer services on how to cooper-

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ate in reporting suspicious activity;

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(ii) may develop relationships for pro-

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motion of reporting mechanisms and re-

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sources available on the centralized online

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resource required to be established under

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subparagraph (B); and

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(iii) shall coordinate with the National

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White Collar Crime Center to convene ex-

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perts to design training programs for State

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and local law enforcement agencies, which

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may include using social media, online ads,

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paid placements, and partnering with ex-

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pert non-profit organizations to promote

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awareness and engage with the public.

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(c) CONTENTS.—Each STAR submitted under this

7 section shall contain, at a minimum—
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(1) the name, location, and other such identi-

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fication information as submitted by the user to the

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provider of the interactive computer service;

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(2) the date and nature of the post, message,

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comment, tag, transaction, or other user-generated

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content or transmission detected for suspicious activ-

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ity such as time, origin, and destination; and

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(3)

any

relevant

text,

information,

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metadata related to the suspicious transmission.

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(d) RETENTION

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OF

RECORDS

AND

and

NONDISCLO-

SURE.—

(1) RETENTION

OF RECORDS.—Each

provider

of an interactive computer service shall—

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(A) maintain a copy of any STAR sub-

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mitted under this section and the original

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record equivalent of any supporting documenta-

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tion for the 5-year period beginning on the date

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on which the STAR was submitted;

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(B) make all supporting documentation

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available to the Department and any appro-

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priate law enforcement agencies upon request;

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and

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(C) not later than 30 days after the date

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on which the interactive computer service sub-

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mits a STAR under this section, take action

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against the website or account reported unless

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the provider of an interactive computer service

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receives a notification from a law enforcement

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agency that the website or account should re-

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main open.

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(2) NONDISCLOSURE.—Except as otherwise

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prescribed by the Attorney General, no provider of

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an interactive computer service, or officer, director,

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employee, or agent of such a provider, subject to an

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order under subsection (a) may disclose the exist-

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ence of, or terms of, the order to any person.

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(e) DISCLOSURE TO OTHER AGENCIES.—

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(1) IN

GENERAL.—Subject

to paragraph (2),

the Attorney General shall—

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(A) ensure that STARs submitted under

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this section and reports from the public sub-

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mitted under subsection (b)(2)(B) are referred

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as necessary to the appropriate Federal, State,

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or local law enforcement or regulatory agency;

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(B) make information in a STAR sub-

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mitted under this section available to an agen-

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cy, including any State financial institutions su-

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pervisory agency or United States intelligence

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agency, upon request of the head of the agency;

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and

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(C) develop a strategy to disseminate rel-

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evant information in a STAR submitted under

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this section in a timely manner to other law en-

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forcement and government agencies, as appro-

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priate, and coordinate with relevant nongovern-

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mental entities, such as the National Center for

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Missing and Exploited Children.

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(2) LIMITATION.—The Attorney General may

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only make a STAR available under paragraph (1)

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for law enforcement purposes.

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(f) COMPLIANCE.—Any provider of an interactive

20 computer service that fails to report a known suspicious
21 transmission shall not be immune from civil or criminal
22 liability for such transmission under section 230(c) of the
23 Communications Act of 1934 (47 U.S.C. 230(c)).
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(g) APPLICATION

OF

FOIA.—Any STAR submitted

25 under this section, and any information therein or record

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1 thereof, shall be exempt from disclosure under section 552
2 of title 5, United States Code, or any similar State, local,
3 Tribal, or territorial law.
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(h) RULEMAKING AUTHORITY.—Not later than 180

5 days after the date of enactment of this Act, the Attorney
6 General shall promulgate regulations to carry out this sec7 tion.
8

(i) REPORT.—Not later than 180 days after the date

9 of enactment of this Act, the Attorney General shall sub10 mit to Congress a report describing the plan of the De11 partment for implementation of this Act, including a
12 breakdown of the costs associated with implementation.
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(j) AUTHORIZATION

OF

APPROPRIATIONS.—There

14 are authorized to be appropriated to the Attorney General
15 such sums as may be necessary to carry out this Act.
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SEC. 5. AMENDMENT TO COMMUNICATIONS DECENCY ACT.

17

Section 230(e) of the Communications Act of 1934

18 (47 U.S.C. 230(e)) is amended by adding at the end the
19 following:
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‘‘(6) LOSS

OF

LIABILITY

PROTECTION

FOR

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FAILURE TO SUBMIT SUSPICIOUS TRANSMISSION AC-

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TIVITY REPORT.—

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‘‘(A) REQUIREMENT.—Any provider of an

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interactive computer service shall take reason-

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able steps to prevent or address unlawful users

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of the service through the reporting of sus-

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picious transmissions.

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‘‘(B) FAILURE

TO COMPLY.—Any

provider

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of an interactive computer service that fails to

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report a known suspicious transmission may be

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held liable as a publisher for the related sus-

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picious transmission.

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‘‘(C) RULE

OF CONSTRUCTION.—Nothing

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in this paragraph shall be construed to impair

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or limit any claim or cause of action arising

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from the failure of a provider of an interactive

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computer service to report a suspicious trans-

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mission.’’.